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Malaysia among 25 nations reviewed by ILO over labour rights concerns
Solomon says Malaysia faced criticism during the conference for refusing to include a full tripartite delegation, specifically by excluding a worker representative from the MTUC. – Bernama photo
KUCHING (July 5): Malaysia was among 25 countries shortlisted for review by the Committee on the Application of Standards (CAS) over violations of International Labour Organisation (ILO) Convention No. 98, during the 113th International Labour Conference (ILC) held in Geneva from June 2 to 13.
This follows the ILO's supervisory process, in which ratified countries are periodically assessed to ensure their laws and practices align with the convention's requirement.
Malaysian Trades Union Congress (MTUC) Joint Special Committee chairman J Solomon said Malaysia faced criticism during the conference for refusing to include a full tripartite delegation, specifically by excluding a worker representative from the MTUC.
'Despite this, MTUC's presence made a strong impact, as the voices and struggles of Malaysian workers were heard loud and clear at the ILO,' he said in a statement yesterday.
During the CAS discussion, Solomon noted that 12 out of 21 global speakers, including top International Trade Union Confederation (ITUC) and World Federation of Trade Unions (WFTU) leaders, voiced strong support for MTUC.
'A representative for European Union (EU) Member States and even a minister urged Malaysia's Ministry of Human Resource (MoHR) to uphold ILO Convention No. 98,' he said.
'This should be a wakeup call for MoHR to correct its actions, which had violated the workers' rights, and ensure Malaysian workers enjoy dignity and fair livelihood.'
As a result of the discussion on the complaints by six sectorial affiliates from MTUC, including on migrant workers, Solomon said the committee urged the Malaysian government, in consultation with the social partners, to take effective and time-bound measures to remove all the remaining legal and practical obstacles to collective bargaining and to promote its development.
He added that the committee also called on the government to ensure effective protection against acts of anti-union discrimination with dissuasive sanctions. Victims of such discrimination must have the right to access justice and remedy.
'The committee further urged the government to review recognition procedures for collective bargaining, with reasonable and adequate safeguards to prevent interference, while also simplifying and expediting the administrative and judicial processes as well as to enable collective bargaining machinery for public servants who are not engaged in the administration of the state,' he said.
Additionally, the committee requested the government to accept a technical advisory mission of the ILO before the next session of the conference and to report any progress to the Committee of Experts on the measures taken to implement the above recommendations in line with the convention by Sept 1, 2025.
Solomon pointed out that the ILC serves as a platform where governments, employers, and workers jointly discuss convention violations and call on governments to take corrective action, while a panel of retired judges — known as the ILO Committee of Experts — reviews national laws and practices and reports on any gaps or violations.
'Unions also play a key role by submitting reports when governments fail to uphold workers' rights as required under international labour standards,' he added.
Solomon further noted that the ITUC had informed MTUC that failure to participate in the 113th ILC would delay the hearing of Malaysia's Convention 98 case until 2028.
This was why his committee, tasked by the court to prepare for the MTUC Special Delegates Conference (SDC) and oversee MTUC's interim administration, gathered names of affiliates interested in attending and submitted them to the MoHR.
'However, MoHR did not forward the list to the ILC despite repeated follow-ups. Nevertheless, 14 delegates from MTUC-affiliated unions, led by me, successfully attended the ILC with ITUC's support,' he said.
Solomon also emphasised that the ILO's 'naming and shaming' system holds governments accountable for violating international labour standards.
MTUC is set to host its Special Delegates Conference (SDC) on Aug 2-3 in Shah Alam.
The Joint Special Committee was established through a Court Consent Order, resolving a dispute that had nullified the previously elected office bearers. Geneva International Labour Organisation J Solomon lead MTUC
